Last trademark tidbit for this year’s Tour – we hear it throughout the race – the Maillot Jaune! The Yellow Jersey. The leader of the general classification, the overall leader of the race, wears the Yellow Jersey. En Français – le Maillot Jaune.

But, has anybody registered Maillot Jaune as a trademark with the USPTO? Or applied for it?

And, in 2007, Trek assigned that registration to the Societe du Tour de France. But, in July 2012, the Societe let the registration be canceled because no Section 8 declaration was filed.

That’s it. No other registrations or applications. However, somebody may have enforceable common law rights. From the USPTO Trademark FAQ:

What are “common law” rights? Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application.

If you have questions about registrations, applications, or common law rights, let me know!